A convicted sex offender in Michigan is heading to prison for 10–20 years after being caught with child pornography on his computer. What makes this case interesting is the defense that 45-year-old Joseph Gobrick offered in court. Speaking to a judge at his sentencing hearing, Gobrick claimed that he has a First Amendment right to look at child porn. He also claimed that he identifies as an eight-year-old girl.

“I’ve always been an eight-year-old girl,’’ Gobrick contended. “Even in my drawings and fantasies, I am always an eight-year-old girl. … There are adults having sex with me in an online forum as an eight-year-old girl.”

The judge apparently did not find this argument persuasive. No reasonable person would. But an obvious question is raised here. Why exactly can’t Gobrick identity as a young girl? On what basis can we deny or disqualify his self-identification?